Date: 20011011
Docket: A-413-00
Neutral citation: 2001 FCA 297
CORAM: RICHARD C.J.
DESJARDINS J.A.
DÉCARY J.A.
BETWEEN:
FERROSTAAL METALS LTD;
RENOWN STEEL;
FERROSTAAL METALS CORPORATION;
NAMASCO LTD.;
A.C. LESLIE (1992) INC.;
ALL THOSE PERSONS HAVING AN INTEREST IN
THE CARGO LADEN ON BOARD THE VESSEL
HERAKLES (formerly known
as the KAVO PEIRATIS);
Appellants
and
EVDOMON CORP.;
HERAKLES SHIPPING CO. LTD.;
THE OWNERS, CHARTERERS AND ALL OTHERS
INTERESTED IN THE VESSEL HERAKLES (formerly
known as the KAVO PEIRATIS);
THE VESSEL HERAKLES (formerly known as the KAVO
PEIRATIS);
Respondents
and
CANADIAN FOREST NAVIGATION CO. LTD.
and EMPIRE STEVEDORING COMPANY LTD.
Mis-en-cause
Heard at Montreal, Quebec, on October 11, 2001.
Judgment delivered from the Bench at Montreal, Quebec, on October 11, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20011011
Docket: A-413-00
Neutral citation: 2001 FCA 297
CORAM: RICHARD C.J.
DESJARDINS J.A.
DÉCARY J.A.
BETWEEN:
FERROSTAAL METALS LTD;
RENOWN STEEL;
FERROSTAAL METALS CORPORATION;
NAMASCO LTD.;
A.C. LESLIE (1992) INC.;
ALL THOSE PERSONS HAVING AN INTEREST IN
THE CARGO LADEN ON BOARD THE VESSEL
HERAKLES (formerly known
as the KAVO PEIRATIS);
Appellants
and
EVDOMON CORP.;
HERAKLES SHIPPING CO. LTD.;
THE OWNERS, CHARTERERS AND ALL OTHERS
INTERESTED IN THE VESSEL HERAKLES (formerly
known as the KAVO PEIRATIS);
THE VESSEL HERAKLES (formerly known as the KAVO
PEIRATIS);
Respondents
and
CANADIAN FOREST NAVIGATION CO. LTD.
and EMPIRE STEVEDORING COMPANY LTD.
Mis-en-cause
REASONS FOR JUDGMENT
(Delivered from the Bench at Montreal, Quebec
on October 11, 2001.)
RICHARD C.J.
[1] This is an appeal from the order of Mr. Justice Denault dated June 21, 2000, denying the appellants' motion to set aside the order of Prothonotary Morneau dated April 19, 2000 dismissing the appellants' action in rem and in personam commenced by a statement of claim filed on December 12, 1995 and denying the appellants' request to allow them a further delay to complete, serve and file their affidavit of documents.
[2] The steps leading to the making of the order of the Prothonotary and of Mr. Justice Denault are fully set out in their reasons.
[3] We are all of the view that Mr. Justice Denault did not commit any error of law in reaching his decision.
[4] Mr. Justice Denault applied the principles set out in Canada v. Aqua-Gem Investments Ltd., [1993] 2 F.C. 425 (C.A.) and concluded that the action should be dismissed for delay.
[5] In arriving at his decision, Mr. Justice Denault also considered the principles set out in Baroud v. Canada (1998), F.C.J. No. 1729 (F.C.T.D.) and found that the appellants had not justified the delay that had occurred.
[6] Accordingly, the appeal will be dismissed with costs payable by the appellants to the respondent Evdomon Corp. in the amount of $2,500.00 inclusive of disbursements.
"J. Richard"
Chief Justice
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20011011
Docket: A-413-00
BETWEEN:
FERROSTAAL METALS LTD;
RENOWN STEEL;
FERROSTAAL METALS CORPORATION;
NAMASCO LTD.;
A.C. LESLIE (1992) INC.;
ALL THOSE PERSONS HAVING AN INTEREST IN
THE CARGO LADEN ON BOARD THE VESSEL
HERAKLES (formerly known
as the KAVO PEIRATIS);
Appellants
and
EVDOMON CORP.;
HERAKLES SHIPPING CO. LTD.;
THE OWNERS, CHARTERERS AND ALL OTHERS
INTERESTED IN THE VESSEL HERAKLES (formerly
known as the KAVO PEIRATIS);
THE VESSEL HERAKLES (formerly known as the KAVO
PEIRATIS);
Respondents
and
CANADIAN FOREST NAVIGATION CO. LTD.
and EMPIRE STEVEDORING COMPANY LTD.
Mis-en-cause
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-413-00
Appeal from the judgment on the Trial Division of the Federal Court of Canada, delivered June 5, 2000. No. T-2619-95
CORAM: RICHARD C.J.
DESJARDINS J.A.
DÉCARY J.A.
STYLE OF CAUSE:
FERROSTAAL METALS LTD;
RENOWN STEEL;
FERROSTAAL METALS CORPORATION;
NAMASCO LTD.;
A.C. LESLIE (1992) INC.;
ALL THOSE PERSONS HAVING AN INTEREST IN
THE CARGO LADEN ON BOARD THE VESSEL
HERAKLES (formerly known
as the KAVO PEIRATIS);
Appellants
and
EVDOMON CORP.;
HERAKLES SHIPPING CO. LTD.;
THE OWNERS, CHARTERERS AND ALL OTHERS
INTERESTED IN THE VESSEL HERAKLES (formerly
known as the KAVO PEIRATIS);
THE VESSEL HERAKLES (formerly known as the KAVO
PEIRATIS);
Respondents
and
CANADIAN FOREST NAVIGATION CO. LTD.
and EMPIRE STEVEDORING COMPANY LTD.
Mis-en-cause
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: October 11, 2001
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
APPEARANCES:
|
Mr. George Pollack
|
FOR THE APPELLANTS
|
|
Mr. Jeremy Bolger
|
FOR THE RESPONDENT EVDOMON CORP.
|
SOLICITORS OF RECORD:
|
Sproule & Pollack
Montreal, Quebec
|
FOR THE APPELLANTS
|
|
Borden, Ladner, Gervais
Montreal, Quebec
|
FOR THE RESPONDENT EVDOMON CORP.
|
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